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    What We’re Reading This Week [April 27, 2023]
    2023-04-27

    Bed Bath & Beyond, the home goods retailer, has filed bankruptcy under Chapter 11 and plans to conduct liquidation sales and close all of its brick-and-mortar stores by June 30, as reported by The New York Times. The retailer points to an inability to adjust to the growth of online shopping as a reason for its downfall.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Sean T. Scott , Aaron Gavant , Lisa A. Holl Chang
    Location:
    USA
    Firm:
    Mayer Brown
    U.S. Supreme Court Rules on Section 363(m) of Bankruptcy Code, Potentially Reveals View on Equitable Mootness
    2023-05-02

    Highlights

    The Supreme Court held Section 363(m) is only a “statutory limitation” to accessing appellate relief in disputed bankruptcy sales that requires parties to take certain procedural steps to be effective

    The Supreme Court also addressed mootness arguments and held that as long as parties have a concrete interest, however small, in the outcome of an appeal, the appeal should remain alive

    The ruling provides insight as to how the Supreme Court may tackle the controversial doctrine of “equitable mootness”

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Barnes & Thornburg LLP, Supreme Court of the United States, US Bankruptcy Court for the Southern District of New York
    Authors:
    Gregory G. Plotko
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    In re Boy Scouts of America and Delaware BSA, LLC
    2023-05-02

    On March 28, 2023, the United States District Court for the District of Delaware (the “District Court”) rendered an opinion (the “Opinion”)1 affirming the confirmation order of Laurie S.

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Vinson & Elkins LLP, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    David S. Meyer , William L. Wallander , Steven M. Abramowitz , George R. Howard , Bradley Foxman , Katherine Drell Grissel , Kristie Torkildsen Duchesne
    Location:
    USA
    Firm:
    Vinson & Elkins LLP
    What We’re Reading This Week [April 27, 2023]
    2023-04-27

    Bed Bath & Beyond, the home goods retailer, has filed bankruptcy under Chapter 11 and plans to conduct liquidation sales and close all of its brick-and-mortar stores by June 30, as reported by The New York Times. The retailer points to an inability to adjust to the growth of online shopping as a reason for its downfall.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Sean T. Scott , Aaron Gavant , Lisa A. Holl Chang
    Location:
    USA
    Firm:
    Mayer Brown
    Sell-Side Directors May Be Liable for Breach of Fiduciary Duty Claims for Failing to Investigate Company's Post-Closing Solvency
    2020-12-28

    In In re Nine West LBO Securities Litigation (Case No. 20-2941) (S.D.N.Y. Dec. 4, 2020), a federal district court denied in part a motion to dismiss claims brought by the Nine West liquidating trustee against former directors (the "Defendants") of The Jones Group, Inc. (the "Company"), Nine West's predecessor, for, among other things, (i) breaches of their fiduciary duties of care and loyalty, and (ii) aiding and abetting breaches of fiduciary duties. The litigation arises from the 2014 LBO of the Company by a private equity sponsor ("Buyer").

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Private equity, Due diligence
    Authors:
    Dominick DeChiara , Bryan C. Goldstein , Carey D. Schreiber , Bradley C. Vaiana
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    CFTC Proposes Major Revamp of Its Bankruptcy Rule; Changes Mostly Codify Status Quo
    2020-05-03

    The Commodity Futures Trading Commission proposed its first comprehensive overhaul of its bankruptcy rules since 1983. The recommended new rules do not substantively change anything but codify many CFTC interpretations and views developed over 40 years and refresh references to means of communication and recordkeeping practices to reflect current norms.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Commodity Futures Trading Commission (USA)
    Authors:
    Gary DeWaal
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Bankruptcy Court Rejects US Trustee Fees on Distributions From Trust in 'Paragon Offshore'
    2021-09-08

    In the recent decision of Paragon Offshore, No. 16-10386 (CSS), 2021 (Bankr. D. Del. June 28, 2021), the U.S. Bankruptcy Court for the District of Delaware (the court) addressed the issue of whether the Office of the United States Trustee (OUST) could collect its quarterly fees against assets that were previously transferred to a litigation trust (the litigation trust) free and clear of any and all claims, liens and other encumbrances pursuant to a confirmed plan of liquidation.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy
    Authors:
    Lawrence J. Kotler
    Location:
    USA
    Firm:
    Duane Morris LLP
    Opportunities created by The Sbarro's bankruptcy filing
    2014-03-18

    On Monday, March 10, 2014, the companies that own and operate the Sbarro pizza chain, Sbarro LLC and 33 affiliates, filed for bankruptcy reorganization under Chapter 11 of the federal Bankruptcy Code.  The Sbarro companies operate 217 restaurants in the U.S. and there are 582 franchised restaurants, 176 in the U.S. and 406 at international locations.

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Litigation, Wiley Rein LLP
    Authors:
    Robert A. Smith , H. Jason Gold , Valerie P. Morrison
    Location:
    USA
    Firm:
    Wiley Rein LLP
    What We’re Reading This Week [April 27, 2023]
    2023-04-27

    Bed Bath & Beyond, the home goods retailer, has filed bankruptcy under Chapter 11 and plans to conduct liquidation sales and close all of its brick-and-mortar stores by June 30, as reported by The New York Times. The retailer points to an inability to adjust to the growth of online shopping as a reason for its downfall.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Sean T. Scott , Aaron Gavant , Lisa A. Holl Chang
    Location:
    USA
    Firm:
    Mayer Brown
    What We’re Reading This Week [April 27, 2023]
    2023-04-27

    Bed Bath & Beyond, the home goods retailer, has filed bankruptcy under Chapter 11 and plans to conduct liquidation sales and close all of its brick-and-mortar stores by June 30, as reported by The New York Times. The retailer points to an inability to adjust to the growth of online shopping as a reason for its downfall.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Sean T. Scott , Aaron Gavant , Lisa A. Holl Chang
    Location:
    USA
    Firm:
    Mayer Brown

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